In Hively v. Ivy Tech Community College of Indiana, 853 F.3d 339 (7th Cir. 2017), plaintiff, a part-time adjunct professor, brought a Title VII action against defendant, alleging she was denied full-time employment and promotions based on her sexual orientation. The district court dismissed the claim, ruling that sexual orientation is not a protected class under Title VII, which prohibits discrimination on the basis of a person’s “race, color, religion, sex, or national origin,” 42  USC. § 2000e-2(a). A Seventh Circuit panel affirmed, holding that discrimination based on sexual orientation was distinct from sex discrimination, and that Congress had nothing more than the traditional notion of “sex” in mind when it voted to outlaw sex discrimination. After a rehearing en banc, a divided Seventh Circuit reversed, holding that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII. The court noted that the vast majority of other circuits have held that sexual orientation discrimination is excluded from Title VII, but the court rejected those holdings and reasoned that the better guide was the Supreme Court’s decision in the “closely related” case Oncale v. Sundowner Offshore Services, Inc., 523 US 75 (1998), in which the Court held that Title VII covers same-sex harassment claims. In Oncale, the Supreme Court explained that although Congress may not have anticipated a particular circumstance when it enacted Title VII in 1964, statutory prohibitions go beyond the principal evil considered to cover all reasonably comparable evils that meet the statutory requirements. The Seventh Circuit ruled that this maxim applies equally here, where the plaintiff alleged she was discriminated against because she is a lesbian, and that had she been a man in a relationship with a woman, defendant would not have refused to promote her. The court concluded that this describes paradigmatic sex discrimination, adding that it is “the common-sense reality that it is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”